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Home My WebLink AboutC08-202PARTICIPATING AGREEMENT Between EAGLE COUNTY and ROCKY MOUNTAIN YOUTH CORPS This Participating Agreement is hereby entered into by and between EAGLE COUNTY, herein referred to as ECTY, and Rocky Mountain Youth Corps, herein referred to as RMYC. A. PURPOSE. ECTY and RMYC have established this agreement to accomplish a mutually beneficial objective of training youth and young adults in job skills, outdoor skills, and environmental ethics to strengthen their work experience and enhance their understanding and appreciation of natural resources and conservation related careers. This objective will be accomplished through conservation projects while camping on the project location site. B. STATEMENT OF MUTUAL INTEREST AND BENEFITS. The project will provide an opportunity to teach youth and young adults about work ethics, teamwork, and individual responsibility in an actual working situation. Outdoor skills, resource management, and environmental ethics will be taught concurrently. The participants will finish the program with greater self-confidence, work experience, and knowledge of natural resources. ECTY will benefit by having RMYC crews cut and pile logging slash materials in various recreation areas within Eagle County at a fraction of the cost to do these tasks by commercial RMYC or force account. In addition, the program participants will gain a greater understanding and appreciation for natural resources and public lands upon completion, and hopefully remain interested in contributing to natural resource management for the rest of their lives. C. EAGLE COUNTY SHALL: 1. Pay RMYC for the work provided, and as outlined in section E.12. 2. Provide a Project Manager liaison to act as primary contact and coordinator for the project. Provide to RMYC all project specific materials needed to accomplish the work agreed upon. 4. Provide to RMYC any specialty project tools required to accomplish the work (see attached list of tools supplied by RMYC labeled Exhibit "A"). Page 1 of 8 5. Provide technical expertise in the project, including standards and guidelines and methodologies. 6. Identify project work sites and route locations. 7. Provide base campsites on or near the project site. 8. Uphold the program guidelines of RMYC while on the project and camp sites, including prohibited use of alcohol, tobacco and other drugs. D. RMYC SHALL: 1. Conduct business under this agreement as an independent contractor for ECTY. No agent, employee or volunteer of RMYC shall be deemed to be an agent, employee or volunteer of ECTY. 2. Provide a Rocky Mountain Youth Corps crew consisting of 8-10 members (crews start with 11 total members; as attrition may occur, RMYC will prorate fees if crew numbers run below 8). Each crew shall include one adult leader and 7-9 members. Teach safety, saw use, backcountry skills, and environmental ethics and continuously stress these facets throughout the project. 4. Provide a Project Manager as a liaison to act as primary contact and coordinator for RMYC on the project. Provide one crew leader for each crew to directly supervise the crew members (included also in part 2 of this section D). 6. Be responsible for crew safety and training and provide crews with necessary training on fire fuels reduction activities, tool use, and safety prior to beginning trail work. The crew leaders will have a minimum of Wilderness First Aid. 7. Provide a cache of basic trail hand tools, including chain saws and person protective equipment. 8. Assure all crew members have necessary protective gear, including long pants, boots, gloves, head and eye protection, and appropriate clothing for potentially severe weather conditions. 9. Provide a plan for emergency medical situations which includes the appropriate contacts, should they be needed. 10. Obtain general liability insurance naming ECTY as additional insured, in the minimum amount of $500,000.00 per occurrence (including bodily injury, death, Page 2 of 8 and property damage) and $1,000,000.00 aggregate. RMYC will also carry Worker's Compensation insurance as required by Colorado law. 1 1. Waive any liability on the part of ECTY for any injuries that its employees may occur during the Project. RMYC agrees that it is solely responsible for the welfare of its employees, participants, and that no liability for any of its activities is imputed to ECTY. RMYC will indemnify, defend and hold harmless ECTY, its officers, deputies, employees, and agents from and against any and all claims for any costs, losses or damages of any nature whatsoever suffered or alleged to be suffered by any third party (including RMYC's employees, managers, customers, participants and spectators) as a result of RMYC's participation in the Project. RMYC shall require each participant to sign the release and wavier of liability form, attached hereto as "Waiver and Release of Liability," prior to participating in the Project. RMCY shall retain copies of these signed release certificates for a period of no less than three (3) years from the date of the Project and shall promptly present said release certificates to ECTY upon request. 12. Be responsible for providing crews with camping and boarding provisions. 13. Restore camping areas and worksites at the end of the project to the condition they were before use by the cooperator. 14. Give the ECTY, through any authorized representative, access to and the right to examine all books, papers, or documents related to this project. 15. Bill the ECTY for the agreed upon rate of actual costs incurred to date, excluding any previous payment(s) made on this instrument to date of the invoice. E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. MODIFICATIONS: Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. Neither party is obligated to fund any changes not properly approved in advance. 2. OTHER AGREEMENTS: The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. TERMINATION: Either party(s), in writing, may terminate the instrument in whole or in part, at any time before the date of expiration. Neither party(s) shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many obligations as possible. Full credit shall Page 3 of 8 be allowed for each party's expenses and all non-cancelable obligations properly incurred up to the effective date of termination. 4. NON-DISCRIMINATION: RMYC shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, executive orders, regulations and policies. OWNERSHIP: No part of this instrument shall entitle RMYC to any share of interest in the project other than the right to use and enjoy the same under the existing regulations of the ECTY. 6. PARTICIPATION IN SIMILAR ACTIVITIES: This instrument in no way restricts the ECTY or RMYC from participating in similar activities with other public or private agencies, organizations, and individuals. 7. OBLIGATIONS: Nothing herein shall be considered as obligating the ECTY to expend or as involving the ECTY in any contract or other obligations for the future payment of money in excess of approved and made available for payment under this instrument and modifications thereto. 8. PRINCIPAL CONTACTS: The principal contacts for this instrument are: EAGLE COUNTY: Project/Contract Manager: Eric Lovgren EAGLE COUNTY P.O. BOX 179 Eagle, CO 81631 970-328-8742 Eric.Lovgren@eaglecounty.us Rocky Mountain Youth Corps: Project Manager: Brandon Warren, Project Supervisor PO Box 775504 Steamboat Springs, CO 80477 Phone/Fax: (970) 879-2135 brandon(a~rockymountainyouthcorpps.or~ Contract Manager: Gretchen Van De Carr, Executive Director PO Box 775504 Steamboat Springs, CO 80477 PhoneJFax: (970) 879-2135 gretchen~rockymountainyouthcor~s.org Page 4 of 8 9. LEGAL AUTHORITY: The said representatives have the legal authority to enter into this instrument, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project. 10. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. 11. ACKNOWLEDGEMENT IN PUBLICATIONS: ECTY support shall be acknowledged in all RMYC publications. 12. PAYMENT: ECTY shall pay RMYC at a rate of $6,200 per crew-week of work. One crew-week is defined as 8-11 crew members working for 40 hours each, totaling a minimum of 320 person-hours per week. Work hours are inclusive of travel time from camp to project site, and exclusive of travel time from project site to camp, and include one 15-minute paid break during any 4-hour continuum of work. A 30-minute lunch break is unpaid. Generally, a crew will consist of 9 or 10 members, and will work a 40 hour work week. In cases of decreased work hours due to extreme weather conditions (including but not limited to flash flooding, lightening, and wildfires), both parties will equally assume the financial burden. The financial implications of such an event will be agreed upon by both parties prior to final invoicing. For the 2008 Project season, ECTY is seeking to engage RMYC crews for 2 crew-weeks, at a rate of $6,200 per crew week, totaling $12,400. The total cost for all work to be provided under this agreement shall not exceed $12,400 absent an amendment to this agreement signed by both parties. Invoices will be submitted upon project completion to: Eric Lovgren EAGLE COUNTY P.O. BOX 179 Eagle, CO 81631 Payment will be made within 30 days of County's receipt of detailed invoice prepared by RMYC. 13. EXTENSION OF TERM: Either party, by written modification to the instrument, may extend the term for subsequent performance periods not to exceed a total duration of 1 (one) year from the execution date of the instrument, including the subsequent performance periods. Page 5 of 8 14. COMPLETION DATE: This instrument is executed as of the last date shown below and expires on October 4, 2008 at which time it will be subject to review, renewal, or expiration. 15. PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: A. RMYC shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to RMYC that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. RMYC shall confirm or attempt to confirm through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that RMYC does not employ any illegal aliens. If RMYC is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, RMYC shall apply to participate in the Program every three months until RMYC is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: htt s://www.vis-dhs.com\em to erre istration C. RMYC shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If RMYC obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, RMYC shall be required to: i. Notify the subcontractor and ECTY within three days that RMYC has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that RMYC shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. RMYC shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. Page 6 of 8 F. If a RMYC violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, RMYC shall be liable for actual and consequential damages to the County. 16. SEVERABILITY: If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. 16. GOVERNMENTAL IMMUNITY: Notwithstanding the foregoing, RMYC acknowledges that ECTY is relying on, and does not waive or intend to waive the monetary limitations, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S. § 24-10-101 et seq.), as from time-to-time amended or as otherwise available to ECTY, its commissioners, officers and employees, all of which rights, immunities and protections ECTY expressly retains. // The rest of this page has been left intentionally blank // Page 7 of 8 IN WITNESS WHEREOF, ECTY and RMYC have executed this Agreement this day of June, 2008. ATTEST: ~i~~ BY: 1 `'~'~ wr Clerk to the Board of County c~~, Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COM I B~~%~ Peter F. Runyon, airman ROCKY MOUNTAIN YOUTH CORP,S^ ~ 1 ~~/~ B Y : i ,I/ I,. 017 ~.~JC/k~C ~ Gretchen Van De Carr, Executive Director, RMYC STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me by this day of , 2008. My commission expires: Notary Public Page 8 of 8 EXHIBIT `A' ------------------------------------------------------------------------------------------------------------------ Eric, This is our basic tool list that most of our crews have in the field. We can generally amend the numbers of these items for specific projects or provide a limited supply of specialty tools depending on the project. I think that for your project, we can also provide 1 or 2 trained sawyers and chainsaws. For planning purposes, I will commit to one sawyer, but I'll try to swing two for you. Let me know if this works for you or if I can provide anything else. Thanks. Pulaskis 3 to 4 ick Mattocks Cutter Mattocks 1 to 2 azel Hoes to 3 ock Bars 1 cCleouds 1 Coppers 1 owsaws 1 Shovels Sledge Hammer-large 1 Slege Hammer-small 1 Waiver and Release of Liability PLEASE READ CAREFULLY THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS I have elected to participate in the 2008 Rocky Mountain Youth Corps and Eagle County logging slash pile-up project ("Project"). I am aware of the fact that I may incur injuries to person or property through the outdoor activities, such as those involved in this Project, and it is my intention to fully assume the risk of any such losses, injuries, disabilities, expenses, including the possibility of an accident resulting in death. I also understand that my participation in this activity is dependent upon my knowing and voluntary execution of this release. I understand that participating in this Project has inherent risks, dangers, and hazards, for any person that cannot be eliminated. I attest that I do not have any medical conditions or use any prescribed medications, which would cause any risk to others or myself by participating in this Project. It is my intention to waive and relinquish any claims that I might have against Eagle County, their officers, directors, agents, servants or employees, in the event I should sustain an injury to person or property, whether minor or severe, disabling or fatal resulting from my participation in the Project. Therefore, by participating in this Project, and by executing this agreement, it is my express intention to waive any and all claims which I might have to bring in any form of civil suit against Eagle County, whether for compensatory and/or punitive damages arising out of my participation in the Project and any incidence related thereto which may cause injury to person or property, whether permanent, temporary, or fatal. I understand and acknowledge that should I incur an injury as a result of my participation in the Project that no coverage or insurance shall be provided under any policy of insurance held by Eagle County. By executing this release of liability, I signify that I have read the contents of this agreement and I fully understand that the purpose of this agreement is to prohibit any civil suit against Eagle County, its officers, agents, directors, servants, sponsors, and employees as a result of any injuries which I might sustain during the Project, whether they be minor, severe, temporary or permanent, or even fatal. I understand that Eagle County shall rely upon this Release and Waiver and that I am not permitted to participate in the Project without it. I certify that I am 18 years of age, or older, and that 1 have read and fully understand this Waiver. (If under 18 years of age, this Agreement must also be executed by a parent, guardian, or custodian of a minor.) Dated this day of , 2008. (Signature) (Address) (Name Printed) (Parent or Guardian Signature) (Address) (Name Printed)